HB 1498 -- SEXUAL OFFENSES

CO-SPONSORS:  Johnson (90), Britt, Hosmer, McKenna, Harding,
Jolly, Shoemyer (9), Willoughby, Berkowitz

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 12 to 0.

This bill makes it a class B misdemeanor for an owner or employee
of a skilled nursing facility or of an Alzheimer's special unit
or program to have sexual contact with a resident of the facility
or with a client in his or her care.  Second or subsequent
violations are class A misdemeanors.  In addition, sexual
intercourse or deviant sexual intercourse in these cases is a
class D felony and second or subsequent violations are class C
felonies.  An employee who is married to a resident or client and
engages in this activity with his or her spouse is exempt from
prosecution.

The bill also creates the crime of sexual contact with a prison
inmate.  Any employee or other person working in any correctional
facility who engages in sexual intercourse or deviate sexual
intercourse with any inmate or other resident of the facility is
guilty of this crime, a class D felony.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
Unknown less than $100,000 in FY 2003, FY 2004, and FY 2005.

PROPONENTS:  Supporters say that the bill would prevent criminal
sexual contact between owners of nursing homes and residents, as
well as sexual contact between inmates and prison guards.

Testifying for the bill was Representative Johnson (90).

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am